在北卡罗来纳州, an absolute divorce is almost always obtained on the basis of a one year separation. Once you 和 your spouse have lived continuously apart for one year, without resuming the marital relationship, either of you may obtain an absolute divorce. Attempts at reconciliation marked by isolated instances of sexual intercourse will not automatically end the period of continuous separation. 然而, instances of sexual intercourse 和 nights spent together may add to the totality of circumstances sufficient to cause a court to find that you have voluntarily renewed the marital relationship. Should a court so find, the twelve-month clock will be reset.
You cannot file for an absolute divorce until the next business day after your one-year separation. 例如, if you 和 your spouse separated on February 12, 2014, you cannot file for your absolute divorce until February 13, 2015. Then your spouse is served with the summons 和 complaint.
自送达之日起, your spouse has 30 days to answer your Complaint 和 may even be granted a 30-day extension, making it 60 days before you can get a court date. If your spouse does not choose to answer your Complaint, 他/她能做什么, we can automatically file for a court date after the 30-day answer period has lapsed. It takes at least three weeks to get a court date in Guilford County (each county is different) from the time the 30-day answer period has lapsed or we receive an answer, thus making it at least seven to eight weeks before you actually obtain your absolute divorce.
NEVER PLAN A NEW WEDDING DATE UNTIL YOU HAVE YOUR DIVORCE JUDGMENT IN HAND!After your divorce judgment is finalized 和 entered, you should consider the following:
好处1. If COBRA medical benefits are an issue, the employer(s) through whom the benefits will be obtained, must be promptly notified that the divorce has been finalized. This should be done within sixty (60) days of the entry of the divorce judgment or the benefits may be lost forever. It is our recommendation that you transmit a copy of the divorce judgment at your earliest convenience to the personnel or human resources department of the relevant employer, 这样才不会失去好处.
最后将 & 证明2. Now that you are divorced, you should consider revising or making a Last Will 和 Testament. 关于你财产的规定, including life insurance proceeds 和 trusts for your minor children, are issues which should be attended to as soon as possible after the entry of the divorce judgment. We would be happy to refer you to an attorney who specializes in estate planning.
受益人3. If there are no restrictions on the distribution of your life insurance proceeds, you may want to make certain that your former spouse is no longer listed on your policy as a beneficiary. If there are no restrictions on your retirement benefits, you may need to change the beneficiary on your retirement documents at work.
孩子的抚养费 & 的赡养费 4. If your child support or alimony is paid through the Office of Centralized Child Support, 请注意, there may be some "lag time" between the date the payment is ordered 和 the date you receive the check from the State. If you are paying support by wage withholding, 请记住, there is a maximum percentage of your income that can legally be withheld; if that amount is less than your support obligation, 您必须支付差额, 直接. 了解你的义务5. Please make sure you underst和 what your present obligations are to give full force 和 effect to any agreements you have or will sign in your marital case. If you have any questions, discuss them with your lawyer at 伍德拉夫家庭律师事务所 at your earliest opportunity, so that problems may be avoided.